It is submitted by the learned Senior Counsel that in respect of the recovery of heroine / morphine, a complaint was filed on 13.4.2004 by the Intelligence Officer, D.R.I., Varanasi. It is further submitted that applicant was neither arrested on the spot nor he is named in the seizure / recovery memo but during statement made by coaccused under Section 67 of the N.D.P.S. Act, name of applicant was surfaced, being the Manager. It is also submitted that the complaint proceedings dated 13.4.2004, which was registered as Case No.87/2004 (Union of India vs. Mahadev Singh), under Sections 8/17/21/27-A/29 of the N.D.P.S. Act, came to be stayed by this Court on 10.6.2004 in A-482 No.4897/2004, however, the interim protection given by this court came to be vacated on 22.11.2017. He further placed reliance upon Sections 53 & 67 of the N.D.P.S. Act and submitted that persons who were arrested and made statement under Section 67 of the N.D.P.S. Act, the same is hit by Sections 25 & 26 of the Indian Evidence Act. It is finally submitted that the applicant claims to have no previous criminal history, is in jail since 22.2.2022, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
